Intellectual Property | Intellepedia

Extension of Waiver for Pharma Patents until 2033 A.D.

The WTO has extended the waiver on pharmaceutical patent enforcement for least developed countries until 2033. This move ensures continued access to affordable generics from India and highlights the ongoing tension between patient access and patent rights.

Samsung and Huawei Lose Patent Fight against Unwired Planet

Unwired Planet has won the first round in a UK patent dispute against Samsung and Huawei over LTE standard essential patents. The ruling addresses both technical infringement and FRAND licensing issues, with further trials scheduled to determine broader legal and commercial implications.

Exceptions for Access to the Blind

The Indian Copyright Act provides specific exceptions for making works accessible to the blind and disabled, including fair dealing and compulsory licensing provisions. These enable permitted adaptations and distributions of works in accessible formats, ensuring greater inclusion while maintaining important legal safeguards.

Patent Trolls – Lesson No. 2

This article discusses how broad software patents, especially in cloud computing, make the sector vulnerable to patent trolls in India. The complexities of divided and joint infringement are analysed with reference to recent legal developments.

Pidilite Industries vs. Vilas Nemichand Jain.

The Bombay High Court examined the requirements for passing off a descriptive trademark in Pidilite Industries vs Vilas Nemichand Jain. The Court held that plaintiffs must prove both prior use and secondary meaning, dismissing the claim for lack of sufficient evidence.

The Indian Express case

The Bombay High Court held that using ‘Indian Express’ in a different script amounts to trademark infringement, protecting the mark’s well-known status. The judgment clarifies the interplay between trademark rights and newspaper title registration in India.

Copyright Exceptions for Access to the Blind – Marrakesh Treaty

The Marrakesh Treaty introduces essential copyright exceptions to improve access to published works for the blind and visually impaired. While limited in scope, it represents a notable advancement for accessible literature and copyright law in India.

Draft Trademark (Amendment) Rules, 2015: Yay or Nay?

The Draft Trademark (Amendment) Rules, 2015 propose major changes to Indian trademark law, including increased filing fees and fewer application forms. While the streamlined process is welcome, expanded discretionary powers for the Registrar may lead to concerns regarding well-known trademark recognition.

Digital License Agreement -Part II

This article examines crucial clauses in a digital license agreement for creative works in India, focusing on representations, term, termination, and intellectual property rights. It provides guidance on standard contract provisions and legal execution practices.

Doctrine of Merger and Copyright Law

The doctrine of merger prevents copyright protection when an idea and its expression are indistinguishable. Courts in India and abroad apply this principle to maintain the balance between creative rights and public access to ideas.